Bernsdorff v. Bernsdorff
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe defendant from a decree of tbe Supreme Court of the District of Columbia, in a suit by a wife against her husband for maintenance and support, and on a motion by the appellee for an allowance for attorney’s fees.
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Hearing on an appeal by tbe defendant from a decree of tbe Supreme Court of the District of Columbia, in a suit by a wife against her husband for maintenance and support, and on a motion by the appellee for an allowance for attorney’s fees. The Court in the opinion stated the facts as follows: This is an appeal from a decree, on a bill filed by a wife,, Lucy E. Bernsdorff, against her husband, Elmore E. Bernsdorff, ordering the defendant to pay her the sum of $25 per month for the maintenance of herself and infant child. The bill, while containing some allegations more appropriate in one for…
1Opinion of the CourtChief Justice Shepard
Considering the disabilities of the appellant, the case is a *523hard one; but we cannot say that the appellee was not entitled to a decree for the maintenance of herself and child.
Had the husband actually secured the rooms in the city, of which he spoke, and invited his wife to remove thereto with the •child, and without her mother, he would have been within his undoubted right as head and support of the family; and his removal thereto would not have constituted desertion, or refusal •of maintenance. This, as we have seen, he failed to do. We •cannot regard the offer of the Virginia house as…
2Cited by3 opinions
- Franklin v. FranklinCourt of Appeals for the D.C. Circuit · 1948
- David Posnick, Bonat's Cafe, Incorporated v. Ethel Posnick, Ethel Posnick v. David Posnick, Bonat's Cafe, IncorporatedCourt of Appeals for the D.C. Circuit · 1955
- Gherardi De Parata v. Gherardi De ParataDistrict of Columbia Court of Appeals · 1964